Future of Ché Café still in limbo

John Gastaldo

Attorney Bryan Pease, right, spoke to the media after arguing an appeal before a panel of judges Thursday on behalf of the Che Collective. An earlier Superior Court judge decision allowed UC San Diego to evict the Che Cafe run by the collective, and the appeal argued that there should have been a conflict dispute hearing between the two sides first.

Attorney Bryan Pease, right, spoke to the media after arguing an appeal before a panel of judges Thursday on behalf of the Che Collective. An earlier Superior Court judge decision allowed UC San Diego to evict the Che Cafe run by the collective, and the appeal argued that there should have been a conflict dispute hearing between the two sides first. (John Gastaldo)

A panel of state appellate judges heard arguments Wednesday that could determine the fate of the Ché Café, the decades-old iconic co-operative and concert venue on the campus of UC San Diego.

A decision on the appeal by supporters hoping to keep it open is expected in about a month, but it’s unclear how a ruling for either side will immediately affect Ché Café.

The hearing in a downtown courtroom was the latest episode in a yearslong dispute between the university and the collective that operates the venue. The past year has seen the threat of an eviction that never occurred, a round-the-clock occupation of the building by supporters and occasional events at the facility despite an order to close.

University officials backed by some student groups had sought to close the café, founded by students in 1980, because of health and safety reasons.

A study of the 1940s-era structure found it in need of about $700,000 in repairs, and late last year a Superior Court judge sided with the university and allowed the school to evict the collective.

The Ché Collective has argued that claims about the building’s poor condition are unsubstantiated.

After the Superior Court ruling in November 2014, an eviction notice was posted on the building in March, giving the Sheriff’s Department 180 days to clear out the structure.

Supporters occupied the building and UC San Diego Chancellor Pradeep Khosla agreed to a temporary stay of the eviction in July to allow time for meetings with collective representatives. The 180-day window passed without an eviction, and talks are ongoing. The university also has agreed to pay for a new safety study of the building.

Those developments seem to have rendered moot much of the intent of the appeal filed for the Ché Collective by attorney Bryan Pease, who argued that the university broke a provision on the building’s lease by ordering an eviction without holding a dispute resolution hearing.

The university countered that because the café is on a month-to-month lease, no dispute resolution hearing was required and further contended than none was requested.

Before Wednesday’s court hearing, Pease said that despite the appearance of progress because of negotiations, there still is a chance that the university could seek a new eviction notice in the future.

“The worst case scenario is the university was just stalling to see the outcome of the appeal, and then they’ll evict,” he said.

Official statements from the university, however, repeatedly have said talks have gone well between collective representatives and Vice Chancellor of Student Affairs Juan Gonzalez and his team.

“The discussions have been productive and we remain optimistic that we will be able to address the fire and life safety upgrades at the Ché Café ,” read latest statement. “We look forward to the continued dialogue.”

If the ruling goes in the collective’s favor, the university will be required to pay the collective’s legal fees.

Pease also said that the ruling could be more of a victory for other co-operatives on campus because it will mean that those groups also will be entitled to dispute resolution hearings if the university were to attempt to evict them.